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Tuesday, March 27, 2018

"Bound and gagged in body armor, hung upside down"

My analysis of Monday's argument in United States v. Sanchez-Gomez is on SCOTUSBlog. It was a good argument--both attorneys were very good, the Justices asked probing-but-not-obnoxious questions, and the bench left room for both attorneys to answer. I believe the Respondents will win--Kennedy seemed inclined towards them. The title of the post (and of my SCOTUSBlog post) comes from a hypothetical from Breyer.

On a different note, what is going on with the male Justices and Justice Sotomayor. Justice Kennedy interrupted her three or four times yesterday. And in NIFLA v. Becerra (the clinic compelled-speech case) last week, the Chief cut Sotomayor off when she interrupted an answer to a question from Justice Breyer, snapping " Maybe could welet him finish the answer, please?", something the Chief virtually never does--and certainly not as sharply.

Posted by Howard Wasserman on March 27, 2018 at 10:50 AM in Civil Procedure, Constitutional thoughts, Howard Wasserman, Law and Politics | Permalink


And ironic, because several years ago, Kennedy was lambasted by conservatives for doing internet research.

Posted by: Howard Wasserman | Mar 27, 2018 4:15:34 PM

Good point.

Posted by: Howard Wasserman | Mar 27, 2018 4:15:12 PM

You left out J. Kennedy noting for the record that the justices aren't supposed to do Internet searches to prepare for the case-after J. Sotomayor said that she did.

Posted by: Biff | Mar 27, 2018 3:45:48 PM

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